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Semi-trucks provide innumerable benefits to our society, hauling a whopping 72% of the nation’s freight from manufacturers to suppliers and directly into the hands of consumers.
That said, trucks can also pose a hazard on the road, especially when the truck driver, a trucking company, a loading contractor, or someone else acts negligently or recklessly. Unfortunately, a seemingly minor negligent act can lead to a disastrous collision.
Since trucks are fast-moving, heavy, and typically slam into vehicles much smaller than themselves, the results are traditionally very destructive. If you find yourself in this type of crash, then it makes the most sense to promptly get in touch with truck accident attorneys in Chicago who can help you uncover your options. If you were not to blame, then you should be able to recover compensation for your losses. Learn more below.
Key Regulations Impacting Truck Accidents in Illinois
Under the law in Illinois, truck drivers have a legal duty to provide for the care and safety of everyone else on the road. Since truckers are driving as a part of their work-related duties, they must comply with a higher standard of care than other drivers.
Federal Motor Carrier Safety Administration (FMCSA) regulations outline the bare minimum safety standards and requirements that all vehicles must follow if they are engaging in interstate commerce. Most trucks are regulated by these rules. Some of the key regulations that could impact your claim include:
- Trucking companies should do their due diligence when hiring drivers.
- Truckers must own a valid CDL license.
- Trucks must be in operable safe working condition. Regular inspections should be conducted.
- Drivers must record and track their hours. They cannot drive more than 8 consecutive hours without taking at least a 30-minute break.
If you suspect the truck driver or trucking company violated any of these federal laws, then you need to contact an attorney. Breaking federal traffic laws is considered negligence, so there’s a great chance they can be held liable if they violated an FMCSA regulation.
Common Types of Truck Accidents in Illinois
Truck accidents can happen in many different ways and have a variety of causes and outcomes. Here are a few of the most commonly reported types of truck accidents in Illinois:
- Rollover incidents;
- Rear-end collisions;
- Jackknife accidents;
- Blindspot crashes;
- Accidents involving spilled cargo;
- Truck versus motorcycle accidents;
- Truck collisions involving pedestrians;
- Runaway trailer crashes;
- Brake failure accidents.
Truck accident injury types can range from mild to severe, but often trucking accidents are pretty significant.
Steps to Take Following a Truck Accident
In the initial moments after a collision, you might feel dazed and confused. You may have no idea what to do after a crash, or you could be panicked and injured. As you start to make sense of the situation, you might realize other people are hurt, too. If that’s the case, then don’t wait to simply call 911. Emergency responders will rush to provide the care you need.
If you feel injured but you’d rather not ride to the hospital in an ambulance, then you should still visit the hospital as soon as possible after the crash. In general, the sooner you get medical care, the better. As you wait at the scene, you should provide the police with your statement. You might want to take photographs of the area or ask nearby witnesses to stay and talk to the police, too.
In the next few days, you may want to reach out to a truck accident lawyer in Chicago, IL about your losses.
Proving Liability in Truck Accidents
The next step in your claim will be investigating your situation to determine whether anyone else might be legally liable for your injuries. The number of potentially liable parties in these types of crashes adds to the overall complexity of truck accident cases. Several parties could display negligence such as:
- The truck driver;
- The trucking company that hired the driver;
- The company that loaded the truck’s cargo;
- The truck’s maintenance company;
- A truck part manufacturer.
Trucking companies can be held responsible for truck driver negligence. For instance, drowsy driving in truck accidents is a driver negligence issue, but the company could be held liable if they pushed the employee to violate safety standards and continue to push past legal driving limits. Non-driver liability also arises when a third party’s negligence is the source of the crash, like a parts manufacturer or a different driver.
Once you identify who may have caused the collision, you can start to build up evidence that proves your claims. If you’re not sure how to go about this process, then it’s best to consult with an Illinois truck accident attorney who can help. The right Illinois truck accident lawyers will look at the facts of your specific crash to determine who might be liable. The best Chicago trucking accident lawyer will also consider all the possibilities to ensure you get the maximum possible compensation award.
Compensation You Can Claim
Since the impact of truck accidents on victims is usually pretty significant, it makes sense that the average compensation for truck accident victims is also typically pretty high. The damages you’re eligible to collect should accurately reflect your losses including your current and future medical costs, lost wages, changes to your overall quality of life, property damage, pain and suffering, and more.
Legal Process and Timeline
Processing your claim will be time-consuming. First, collecting all the evidence you need to build up your case will take a few weeks. From there, you’ll file the official paperwork and begin negotiating with the other party. There is a statute of limitations for truck accident claims in Illinois. You only have two years from the date of your accident to pursue legal action.
Why You Should Choose Kermani LLP for Your Chicago Truck Accident Case
The role of a truck accident lawyer is to be your best advocate. They should fully inform you about your options after filtering them through the lens of your specific circumstances. Your lawyer’s purpose is to help you go through the challenges of filing your claim so that you can get the compensation you need. Since you’re already at a financial disadvantage, the upfront cost of hiring a truck accident lawyer shouldn’t be a concern since most personal injury attorneys are willing to work on a contingency fee basis.
You can ask your potential lawyer how they expect to get paid while choosing your lawyer. If you want to work on a contingency fee basis, then there will be a firm willing to work with you.
Contact Kermani LLP Today for a Free Evaluation
The scars from a severe trucking accident are more than just physical. Sometimes, an accident can leave serious scars on your career opportunities, personal relationships, quality of life, and your emotional well-being. While financial compensation can’t take away what happened to you, it can provide you with the money you need to move forward from your losses.
At Kermani LLP, your Chicago truck accident attorney has the experience, knowledge, expertise, and compassion you need to conquer this claim and move on with your life.
Schedule a call with our team now to go over the details of your trucking accident and work towards securing justice.
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Frequently Asked Questions
What types of injuries are typical in truck accidents in Chicago?
Trucking accidents are usually pretty devastating and traumatic. Motorists in passenger vehicles, traveling on motorcycles, or getting struck as a pedestrian, are likely to sustain very substantial injuries including:
- Traumatic brain injuries;
- Spinal cord injuries;
- Burns;
- Broken bones;
- Fractures, strains, and sprains;
- Bruises and cuts;
- Whiplash;
- Cuts;
- Internal injuries;
- Fatalities.
How do I prove fault in a Chicago truck accident case?
To prove fault in a Chicago truck accident case, you’ll need to secure evidence that backs up your claims. This evidence could come in the form of witness statements, conclusions from police investigations, photographs of the accident scene, video footage that shows the accident, or other physical evidence. You might be able to produce phone records, for example, that prove the other party was texting at the time of the crash. You might also be able to use evidence discovered at the scene, like a driver’s intoxication levels.
Can I sue a trucking company for accidents in Illinois?
Yes, it is possible to sue a trucking company for accidents in Illinois. Your claim will be successful if you can prove that the company should be held liable for your incident. A trucking company will likely be held responsible when they’ve engaged in the following behaviors:
- Negligently hired an unsafe driver with a shaky traffic history.
- Failed to keep up with truck maintenance.
- Failed to properly inspect trucks regularly.
- Encouraged drivers to violate safety rules and regulations.
How do federal regulations impact truck accident claims in Chicago?
Federal regulations exist to make the trucking industry safer and reduce traffic accident incidents. When a truck driver or a trucking company willingly violates these regulations, they’re considered negligent under the law. In Illinois, the negligent party will be held financially responsible for the losses associated with the crash. Federal regulations dictate how long a trucker can drive without taking a break, how often a truck should be inspected, how heavy the truck’s cargo can be, and more. If you believe a federal law violation contributed to your Chicago truck accident, then it’s best to get in touch with an attorney about what happened.
What should I know about insurance claims after a truck accident in Illinois?
After a trucking accident, you will need to report what happened to your insurance provider, but you need to remember that the insurance adjuster may not have your best interests at the top of their mind. They work for the insurance company, so they have a bigger incentive to reduce your payout. You should know that insurance claims will be complicated. The insurer will attempt to determine fault, and they may even ask you leading questions in an attempt to get you to admit fault and relieve them of any responsibility. They could even encourage you to minimize your injuries verbally so they can later use your statements against you. When the insurance company isn’t playing fair, you need to hire a legal representative to even the playing field.
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